In Re the Marriage of Smith

Summary

Wife sought to raise spousal support from $1,700 to $7,317 a month to match the marital lifestyle, based on her own projected expenses and Husband's much higher income. The trial court found the family had lived beyond its means because Husband worked excessive hours, found no evidence of a reasonable marital standard, and raised support to $3,300 based on increased needs. The Court of Appeal affirmed, holding that the moving party must show the prior order was inadequate or that needs increased, and then the obligor's ability to pay, and that the marital standard of living is a general reference point weighed with the other statutory factors.

What it means for the financial analysis

For income and needs analysis, the case suggests that a supported spouse's projected expenses benchmarked to the obligor's current spending may be rejected as speculative, and that support claims rest on evidence of actual needs. It also shows that where the marital lifestyle was unsustainable, a reasonable-lifestyle benchmark may be needed, which here would have required evidence such as net income after taxes that neither side offered.

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